S*0321(Rat #0148, Act #0303 of 2012)  General Bill, By O'Dell and Nicholson

Similar(H 3243)
 AN ACT TO AMEND ACT 595 OF 1994, AS AMENDED, RELATING TO THE ELECTION OF
 MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 IN GREENWOOD
 COUNTY, SO AS TO FURTHER PROVIDE FOR THE MANNER OF AND DATES FOR FILING
 NOTICES OF CANDIDACY FOR ELECTION TO THESE OFFICES. - ratified title

   12/15/10  Senate Prefiled
   12/15/10  Senate  Placed on Local and Uncontested Calendar
   01/11/11  Senate Intd. & placed on local & uncontested cal. w/o
                     reference (Senate Journal-page 144)
   01/13/11         Scrivener's error corrected
   01/18/11  Senate Read second time (Senate Journal-page 8)
   01/19/11  Senate Read third time and sent to House
                     (Senate Journal-page 12)
   01/20/11  House  Introduced and read first time (House Journal-page 13)
   01/20/11  House  Referred to Greenwood Delegation
                     (House Journal-page 13)
   03/21/12  House  Recalled from Greenwood Delegation
                     (House Journal-page 31)
   03/22/12  House  Amended (House Journal-page 20)
   03/22/12  House  Read second time (House Journal-page 20)
   03/22/12  House  Roll call Yeas-100  Nays-0 (House Journal-page 22)
   03/22/12  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 23)
   03/23/12         Scrivener's error corrected
   03/23/12  House  Read third time and returned to Senate with
                     amendments (House Journal-page 2)
   03/28/12  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 55)
   03/28/12  Senate Roll call Ayes-2  Nays-0 (Senate Journal-page 55)
   03/29/12         Ratified R 148
   04/02/12         Signed By Governor
   04/04/12         Effective date 04/02/12
   09/05/12         Act No. 303

(A303, R148, S321)

AN ACT TO AMEND ACT 595 OF 1994, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50 IN GREENWOOD COUNTY, SO AS TO FURTHER PROVIDE FOR THE MANNER OF AND DATES FOR FILING NOTICES OF CANDIDACY FOR ELECTION TO THESE OFFICES.

Be it enacted by the General Assembly of the State of South Carolina:

Filing of notice of candidacy

SECTION    1.    Section 1(A) of Act 595 of 1994, as last amended by Act 85 of 2011, is further amended to read:

"Section    1.    (A)    Notwithstanding another provision of law, the Board of Trustees of Greenwood School District 50 consists of nine members who must be elected in nonpartisan elections to be held beginning in 1994 at the same time as the general election in the year specified or required in the manner provided in this section. Based on the implementation schedule provided in subsection (B), one member of the board must be a resident of and elected from each of the nine defined single-member election districts established in Section 2 of this act. Except for initial terms otherwise provided in subsection (B), members of the board must be elected for four-year terms and until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the Greenwood County Election Commission shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.

Each member of the board must be elected by the qualified electors of the respective district from which the candidate seeks election. A person who desires to qualify as a candidate shall file a written statement of candidacy with the county election commission on forms furnished by the election commission. This statement of candidacy must include information the county election commission requires. The county election commission shall establish the opening and ending date for the filing of notice of candidacy for election to each board; however, the filing period must end no later than August fifteenth at noon.

The county election commission shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The county election commission shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The county election commission shall give at least thirty days' notice of an election by publishing a notice of it in a newspaper of general circulation in the district once a week for two consecutive weeks all of which notices must be run at least thirty days before the scheduled election. The notices must include, but may not be limited to, the date and time of the election, the polling places of the election, and the place where candidates may file for election. If the number of candidates who offer for the position of trustee is less than or equal to the number of positions to be filled, the county election commission shall declare those who filed as elected to the position. If no candidate files for the office of trustee or if the number of candidates who file is less than the number to complete the board, the provisions of Section 7-13-1120 of the 1976 Code relating to write-in ballots apply. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. The costs of the elections must be borne by the school district and be determined by the county election commission.

A person aggrieved by the election of a trustee pursuant to this act, within fifteen days after the election, shall file with the county election commission a written petition stating his grievance and the grounds for it. The county election commission shall rule upon the petition within sixty days after its filing.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 29th day of March, 2012.

Approved the 2nd day of April, 2012.